Thompkins, 34, was released Wednesday on a $240,000 cash surety bond. He is accused of fatally shooting Phillip Banka, 33, and Jessica Thompkins, 30, last year.

Thompkins’ defense attorney Todd Holmes said at a hearing that everyone is entitled to bond.

“We believe in the concept of presumption of innocence,” Holmes said. “I don’t have any problem with added conditions of release but to put him back in jail would be unconstitutional unless he violated his conditions of release.”

Prosecutors argue that Thompkins has said in court that he is incompetent and cannot be held responsible for his actions.

“We want to point out the irony and hypocrisy that the defendant has opined to the court that he’s incompetent and cannot be held responsible for committing the murders,” said Chief Deputy District Attorney Scott Key. “Yet he wants to argue that he’ll be responsible and follow all of the conditions of bond and bail. There’s a certain hypocrisy to that that we want to point out to the court. We have not had the competency hearing that’s scheduled for June 7.”

Thompkins was arrested on murder and child abuse charges on March 12, 2015, after finding Banka and Jessica Thompkins dead inside an Alamogordo home. A 13-year-old boy also suffered non-life threatening injuries in the incident and three other children inside the home weren’t injured.